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If you have a special needs foster child who DYFS is talking about sending to a distant (hasn't seen him since he was a toddler) relative in another state after being with you for 7-8 months, and you feel it is very much NOT in the child's best interest, what can you do? Anything?
Is NJ a state where a foster parent can be an intervening party in court? Is our only option just letting the child's lawyer know how we feel? Or is that a bad idea, too? Can we hire a lawyer? I'm just wondering what, if any, our options are.
There are a number of reasons why I feel this move would be a bad idea - I won't get into them here. I am not sure what legal standing the distant relative has as opposed to a foster family who's parented the child for over 1/2 a year... especially since they're in a different state. I don't know if it's likely or unlikely that the judge will move him - all I know is DYFS is talking about it like it's a sure thing, and I think it's really bad news for our (very emotionally vulnerable and traumatized) foster son. Any feedback is welcome.
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FP's in NJ do not have standing - and while there is an intervention statute in NJ it is not used very often in DYFS cases, and even less often is it successful (mostly because the FP does not have an independent interest or need to be a party in the case, and the child is already represented, so granting intervention really serves no purpose that cant otherwise already be accomplished under the law). . . The statute does however give FP's the right to notice of all court proceedings and the right to be given an opportunity to be heard in court. It does not mean you will be made a party, but it will give you a place to voice your concerns to the court. Trust me on this, if nothing else, DO NOT hire your own lawyer. It will be a big waste of your time and money and you will definitely be setting yourself up for disappointment. If you cant go in person to the hearing, then write a letter to the Judge with your concerns. Depending on the nature of his medical issues, getting a letter from his treating doctor or the DYFS nurse may also be wise. Good luck.
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